[1641/8/292]¹

Ratificatione in favoures of Hereotes Hospitall

Our soverane lord and estates of this present parliament, considering that the thretteene act of his majesties laite parliament haldine at Edinburghe in the moneth of Julii 1633 yeeres, intitulat, 'Anent regalities of erectiones', conteynes in the end therof that it wes declaired, decerned and ordeaned that the landis and barrony of Bruchtoun, comprehending the tonnes, landis, burghe in barrony, mylnes and otheres mentionat in the infeftmentes granted be his majestie wnder his hienes great seale to his hienes right traist cusigne and counsellour Robert, erle of Roxburgh, of the dait the [...] day of [...] j^M vj^C threttie yeires, shall not be comprehendit in the said act, excluding the same all utterlie therefrom to remaine with the said Erle of Roxburghe, his aires and successoures efter forme and tennour of the infeftmentes maid to him and his authoures of the same. And sicklyke that there is ane other act made in the said parliament, being the fourteene act therof, being intitulat 'Anent superiorities of kirkelandis', wherby the same are declaired to apperteene to his majestie and his successoures in maner therinspecified, lykeas be contract past betuixt the said Erle of Roxburgh, with consent of our said soverane lord, for his majesties right and entres to the landis, barrony and otheres thairinspecified. And alse our said soverane lord for himselfe, with consent of his majesties thesaureres, comptrolleres, collectoures and thesaureres of his hienes new augmentationes, principall and deputie, therinnominat, and of the remanent lordis of his hienes exchekker, his majesties commissioneres, and with consent of the said Erle of Roxburghe and Dame Elizabeth Ker, Lady Bruchtoun and them all with ane consent and assent one the one pairt, and the proveist, baillies, ministeres and counsell of the citie of Edinburghe as feoffes intrust and governoures of Heriotes Hospitall, and alse the saidis proveist, baillies and counsell of Edinburghe, for themselfes and thair successoures, representing the body and commontie of the good toune of Edinburgh to ther owne behuife respective one the wther pairt, off the daite at Halyrudhouse and Whythall, the nynteene and ellevine dayes of November and December the yeere of God 1639 yeeres anent the alienatione and dispositione maid to the saidis proveist, baillies and counsell of the said burghe of Edinburghe, for themselves and ther successoures, representing the whole bodie and commontie of the same burghe, heritablie and irredeemablie, off the burghe of regality callit the Cannongait and of sindrie other proper landis, superiorities, priviledges of regalitie and justiciarie and wtheres particularlie mentionat in the said contract, and anent the alienatione and dispositione made to the saidis proveistes, baillies, ministeres and counsell of the said burghe of Edinburghe, feoffes in trust above designed to the use and behove of the foirsaid hospitall, callit Heriotes Hospitall, heritablie and irredeemablie, off all and haill the toune and landis of Bruchtoune and certane wther landis, mylnes, fewfermes, priviledges of regalities and wtheres priviledges, liberties and otheres particularlie mentionat in the said contracte. Our said soverane lord, with consent of the foirnamed persones mentionat in the same contract, declaired that the foirsaid exceptione or declaratione in favoures of the said Erle of Roxburghe subjoynt in the latter pairt of the said therteene act of the foirsaid parliament haldin in Julii 1633 yeeres intitulate, 'Anent regalities of erectiones', wes, is and shall be holdine in all tyme thereftir wnderstuid as insert and repeited in the foirsaid act fourteene intitulate, 'Act anent superiorities of kirke landis', be the quhilke contract also our said soverane lord faithfullie promitted in verbo principis to ratifie and approve the foirsaid contract and appoyntment and infeftmentes appoynted to fallow therwpoun in the nixt parliament to be holdine thereftir within the said kingdome of Scotland, and to dissolve the landis, mylnes, superiorities and otheres conteanit in the said contract disponit in maner foirsaid from the croune, and to make and grant new infeftmentes therof to the saidis proveists, baillies, counsell and commontie for themeselves for ther owne wse, and to the saidis proveist, baillies, ministeres and counsell for the use foirsaid in maner abovedevydit, as in the said contract of the dait foirsaid seene and considered be his majestie and estates of this present parliament at mair lenth is conteint. Therfore, and for implement and fullfilling of his majesties promeise abovewrittin anent the makeing and granting of the ratificatione and dissolutione respective eftirmentionat, our said soverane lord, with advyse and consent of the estates of this present parliament, be thir presentes ratifies and approves the foirsaid contract and appoyntment of the dait abovewrittin, togidder with chartoures, infeftmentes falloweing and exped wpoun the said contract, daited [...], with the precepts and instrumentes of seasing falloweing upon the saidis chartoures in all poyntes, heedes, articles and clauss therinconteaned efter the forme and tennour therof, and declaires this present ratificatione of the same to be ase valied and effectuall in all respectes as if the samene were at lenth and word be word insert heerintill, dispensand be thir presents with the not inserting therof. And sicklyke his majestie, with consent of the estates of this present parliament, dissolves the landis, mylnes, superiorities and otheres mentionat in the said contract and therby disponed in maner foirsaid from his majesties croune and patrimonie therof, to the effect the samene may perteene and perpetuallie belong to the saidis proveiste, baillies, counsell and commontie of the said burghe of Edinburgh for there owne wse, and to the saidis proveist, baillies, ministers and counsell of the said burghe for the use foirsaid in maner above devydit, to be holdin of his majestie and his successoures in maner and for payment of the dueties at lenth set doune in the foirsaid contract conforme to the tennoure of the same contract and of the foirsaidis chartoures and infeftmentes falloweing therwpoun in all poynts. And lykewayes his majestie, with consent of the estates of this present parliament, declaires that the foirsaid exceptione or declaratione conceaved in favors of the said Erle of Roxburghe subjoned to the later pairt of the said therteene act of the foirsaid parliament holdine in Julii j^M vj^C thertie three yeeres, intitulat 'Anent regalities of erectiones' wes, is and shall be in all tymecoming wnderstuid as insert and repeited in the foirsaid subsequent act of the samene parliament being the fourteene act therof intitulat 'Anent superioritie of kirke landis'.